Amol Rattan Singh, J. - (1.) This appeal by the appellant Insurance Company, impugns the Award of the learned Motor Accident Claims Tribunal, Sonepat, dated 17.11.2015, by which respondents No. 1 to 3 have been awarded a compensation of Rs. 14,87,560/ -, alongwith interest @ 7% per annum, from the date of filing of the claim petition till the actual realisation thereof. The said respondents are the husband and two minor children respectively, of late Smt. Bimla, who is stated to have died after a truck owned by respondent No. 5 and driven by respondent No. 4 struck against her and ran over both her legs. The accident is stated to have taken place on 18.04.2013, when respondent No. 1 and Bimla were making some purchase at Biswa Mill Chowk. Bimla is said to have been standing on the road side while her husband was making purchases from a handcart. The time is shown to be 10:30 AM, when a truck bearing registration No.HR -55 -K -9398 came from the side of village Jatheri at a very fast speed, allegedly driven in a rash and negligent manner. The truck is stated to have hit Bimla and run over her legs, after which respondent No. 4, who was driving the truck, stopped the vehicle at some distance, came back and gave his name to be Jai Bhagwan. However, while respondent No. 1 was looking after his wife, Jai Bhagwan is stated to have fled away from the spot. Bimla was taken to hospital in an ambulance, medico -legally examined and referred to the Post Graduate Institute of Medical Sciences, Rohtak. However, respondent No. 1 started taking her to Delhi instead but she succumbed to her injuries on the way and was brought back to the General Hospital, Sonepat. An FIR is also stated to have been registered against respondent No. 4 at Police Station, Rai, District Sonepat, on the statement of respondent No. 1.
(2.) In the claim petition filed before the learned Tribunal, deceased Bimla Devi is shown to have been doing the work of tailoring and stitching in the village where she resided with her family, from which she is stated to have been earning Rs. 15,000/ - per month, other than maintaining her home and looking after the claimants. Due to her untimely death, other than mental shock, agony and tension that the claimants went through, for which they claimed compensation, loss of future income of the deceased was also claimed, with a total of Rs. 30,00,000/ - sought by way of compensation.
(3.) Respondents No. 4 and 5 (respondents No. 1 and 2 before the Tribunal) filed a joint written statement, denying the accident and claiming false implication. The appellant Insurance Company (respondent No. 3 before the Tribunal) filed a separate written statement, claiming that the owner of the vehicle (presently respondent No. 5) had breached the terms and conditions of the insurance policy and further that the accident was not caused due to the rash and negligent driving of respondent No. 4. Other than that, the compensation claimed was also disputed, as highly exaggerated.;